Landlord final inspection legally can we be present ? also inventory queries too

[tobeloy]

Our tenancy ends on 20th April, we rent from an agency and have been told that a final inspection will be carried out when we leaveby an independent agent, do we have a legal right to be present at this inspection.

Also when I first moved into this property I was renting a room and was never given an inventory of the items in the flat, then last year flatmate left and my partner moved in and we rented the flat as whole but still no inventory was given to us or carried out, can we be held responsible for any items that are not on an inventory for the flat as I know that my flatmate had an inventory done when he originally moved in? or is this down to negligence on the part of the agency and do they have a leg to stand on so to speak?

Thanks for any help

[Babz]

I don't know about the inventory, I'd say if you never signed anything to say what was included in your tenancy agreement then you can't be held responsible as long as your takeover of the flat was legal and you had a tenancy agreement in your own names and there was no new inventory done after you took over.
As to the final inspection again I don't know the law but I would insist on being present so that you know what happened and what if anything they picked up on and that the state of the flat when they inspect it is exactly as it was when you left.
I hope someone with a bit more knowledge comes on to answer. Good luck.

[donna74]

if they wont let you be present take photos of your place and how you left it just for back up

[themas]

There should be no dispute about your right to be present at the check out, which should take place on the day you move out. If it is left until later there is always the possibility that someone has been in & caused some damage & you could be held responsible for it. In any case, take photos and make your own record of everything.

When you moved in & rented a room I assume you were a sub-tenant of the flatmate. If so, he would have paid the deposit on the whole flat & been responsible for the condition of it. What should have been done when he moved out was an inventory check, return of his deposit & payment by you of a deposit. If this did'nt happen there is a problem, but it seems to be one of the agent's making & not yours. I don't see how you can be responsible for anything if you did not have a check when you took over the tenancy.

[gentleman]

a) Inventory Check Out is your choice of set time. Normally after 1.00pm. All tenants� belongings must be off the accommodation.
b) Agency should have been notified of flatmate�s vacation. Agency should have been present with you and flatmate for Inventory check
c) Inventory liability resolved and new tenancy agreement and Inventory arranged for you and your partner.
Now here is your liability:
a) Agency informed to make their reports to you of friend vacating the property. If they refuse to records Agency�s refusal, attitude and conversations
d) Make photography evidence of every part of the structure including deco of the property and not forgetting a photo of every angle of furnishings� in the property.
e) If you do not have any Inventory Schedule you should have made a photography record of same when you move in first time as in d) above for your records.
You said your flatmate had an inventory made when he move in. You did not mention if you were added on the tenancy agreement with your flatmate's tenancy agreement when you moved in? Or if you have checked and signed the flatmate�s copy when you moved in? If you know he had an Inventory why is it you were not given a copy when he checked out? Does the Agency realise you moved in and should have been on the tenancy agreement? Does your Agency know your flatmate has vacated and your partner moved in the place of your flatmate?
Finally, there are several issues needed to understand your situation. I have briefed my original answers but I am only allowed maximum characters. So you see, I can only surmise my answers to you in the above.
Complicated, is it not?

[tobeloy]

Thanks for all help ....to make a few things clearer.

When I moved in to share with flatmate new tenancy was drawn up for both of us but no inventory check was performed for me, when he first took the property a year prior to me he shared with another flatmate this is the only time a inventory was created for the flat.

The flatmate I moved in with told me he was leaving but left without serving his notice also owing 2 months rent this is besides the point as I was jointly liable by law and had to pay the rent owed. I wanted to stay in the flat so took on the tenancy myself however no new inventory was drawn up at the time of my signing a new tenancy nor was an inventory check carried out after my flatmate done a bunk.

No mention of any inventory has been made up until now when agents have said that my deposit is returnable subject to inspection and inventory check.

Should I say to the agents that I dont have an inventory as they did not carry out an inspection

A) When I moved in with flatmate
B) When my flatmate left suddenly.
C) When I took over the whole property

I am going to take your advice regarding photos or would a video with commentary be more suitable??

[Twenty20]

Ok, if you were never asked to sign an inventory either when you first moved in or when you re-signed the tenancy then the Agents/landlord would find it very difficult if not impossible to show what damage had been done by you. This is really the fault of the Agent, nothing to do with you.

You can either state upfront to the Agent that, as you have never seen an inventory, you expect no deductions from your deposit.

Alternatively, you could wait until the check out is done and then, if there are deductions which you think are unfair, you can demand the return of any deposit withheld with the threat of going to the Small Claims Court if the Agent didn't comply.

Speaking as a landlord, I would hope that you were honest about it and pay for any damage (fair wear and tear excepted) that you caused but this is really the Agent's fault from what you say.

Is your deposit protected in a Scheme, or was it taken before the Schemes came in?

As to your first question, it's not a 'legal' right to be present at the check out but it would certainly be best practice on behalf of the Agent or Inventory Clerk for you to be present and nearly all of them would expect you to be. Of course, if you are there and they pull out an inventory to check you can simply point out that it's not valid as you have never seen it and it's not signed by you.

Also, its wrong of a previous reply to state that the check out is your choice of time. I'm afraid you'll usually have to fit in with the Inventory Clerk or Agent's time.

[tobeloy]

Huge thanks Twenty....makes a lot of common sense really, i will be in touch with agent as i would like to be present at final inspection.

Apart from fair wear and tear we have caused no damage and are good tenants were only moving because our landlady wont install double glazing and wont let us decorate and we dont want to endure another winter like the last one.

Will keep you all posted but as I thought too the agent doesnt have a case if we have not signed an inventory...watch this space!!!

[gentleman]

My apologies: I should have said arrangement with the Agent for a time to check out the property is usually after 1.00 pm.
However, the Agent must give you an opportunity or first refusal to be present at the check out. Common sense would question as to why an Agent would refuse to allow you to be present at the check out.
It is in simile to: 'Don't look, just shoot! Django'